When it comes to estate planning for children with disabilities, many parents focus on creating a Special Needs Trust or appointing a guardian. While these are certainly important steps, it’s also essential to consider a Power of Attorney.
Why is a POA Important for Someone with Special Needs?
For someone with special needs, a POA is a critical document to help ensure their well-being and protect their rights. It allows them to designate someone they trust to make important decisions on their behalf if they are unable to do so themselves. This includes decisions related to medical care, financial matters, and legal matters. A POA can also help prevent disputes among family members or caregivers, ensuring that everyone is on the same page when it comes to the care of the individual with special needs.
Types of POAs for Special Needs
There are several types of POAs for special needs, each designed to meet the unique needs of the individual. The most common types of POAs for special needs include:
Limited POA: This type of POA grants someone the power to act on behalf of an individual with special needs for a specific task or period of time.
General POA: This type of POA gives someone the power to act on behalf of an individual with special needs in any legal or financial matter.
Durable POA: This type of POA remains in effect even if the individual with special needs becomes incapacitated.
Medical POA: This type of POA gives someone the power to make medical decisions for an individual with special needs.
Creating a POA for Special Needs
Creating a POA for special needs can be a complex process, but it is essential to ensure the well-being of individuals with disabilities. The following are the steps involved in creating a POA for special needs:
Identify the type of POA best suited for the needs of the individual with special needs.
Choose a trustworthy and reliable person to act as the agent.
Draft the POA document with the help of an attorney or legal professional.
Sign the POA document in the presence of witnesses and a notary public.
Keep the original POA document in a safe and secure place and provide copies to the agent and other relevant parties.
Conclusion
In conclusion, a POA for special needs is a crucial document that can help protect the rights and well-being of individuals with disabilities. It is essential to understand the different types of POAs available and to work with a legal professional to create a document that meets the unique needs of the individual. We hope that this comprehensive guide has provided you with valuable information and insights on POAs for special needs.
Give us a call at 208-406-9885 or use the “Schedule Now” button to schedule an appointment to discuss how powers of attorney can benefit your family.